The following standards apply to all residential structures, including site-built, manufactured, modular and factory-built homes, or other prefabricated structures, to be placed outside of an existing or permitted manufactured home park:
(1) 
Construction shall meet applicable building codes;
(2) 
Exterior siding must be similar in appearance to siding materials commonly used in the community and includes but is not limited to: metal, wood, stucco, concrete, manufactured wood and related products used on conventional site-built building code compliant single-family residences. House wrap, tarps and similar products do not qualify as siding;
(3) 
All residential structures must have a permanent foundation that meets or exceeds applicable building code requirements for residential construction. Post and pillar and similar building code approved foundations require skirting compatible with the house design.
(4) 
Alternative and prefabricated structures shall require that plans, profiles and specifications be submitted prior to issuance of required permits.
(5) 
All manufactured or mobile homes built prior to 1976 are considered nonconforming and shall not be moved into or within the community.
(Ord. 753 § 2 (Exh. B), 2019)
(1) 
Manufactured homes must be no more than 10 years old.
(2) 
Manufactured homes must comply with all local design standards applicable to other homes within the neighborhood.
(Formerly 18.20.010; Ord. 620 § 4(2), 2010; Ord. 753 § 2 (Exh. B), 2019)
Recreational vehicles shall not be used as permanent, full-time housing. Recreational vehicles must adhere to the following provisions:
(1) 
A recreational vehicle may be occupied for extended temporary residential habitation for a period up to, but not exceeding, two years for the sole purpose of temporary housing during construction of a permanent dwelling unit on the lot where the recreational vehicle is located, pursuant to issuance of an approved building permit. The use may not be extended beyond the two-year limitation. Permit and fee shall apply to an extended temporary residential recreational vehicle. Occupancy of the recreational vehicle is subject to a sanitary inspection as described in subsection (4) of this section.
(2) 
A short-term recreational vehicle may be occupied for a period of up to 90 days per calendar year as an accessory to an existing single-family residence, pursuant to issuance of a short-term permit. If such use exceeds two consecutive weeks, a permit and fee for a short-term temporary residential recreational vehicle will be required. Said permit for stays exceeding two weeks and up to 90 days must be purchased at Town Hall for a fee and shall be valid for all permitted use during the calendar year in which the permit is issued. No short-term recreational vehicle may connect to the town sewer. Disposal of holding tanks for short-term recreational vehicles must be emptied at an approved facility.
(3) 
Allowed temporary recreational vehicle uses described herein shall be subject to all pertinent town health and safety regulations.
(4) 
An extended temporary recreational vehicle described in subsection (1) of this section shall be allowed to connect to town sewer and water utilities after a sanitary inspection of the owner's holding tank by a public works representative has been completed to ensure that chemical contaminants will not enter the town's wastewater system. A connection permit and fee shall be applied upon completion of inspection. This permit shall be limited to a one-time connection only, and any subsequent connection within the permitted timeline shall undergo a repeat inspection for reconnection.
(5) 
Allowed temporary recreational vehicle uses described herein must comply with the following standards:
(a) 
The recreational vehicle may not be parked in a right-of-way or public easement.
(b) 
The recreational vehicle may not be parked in any required setback.
(c) 
The recreational vehicle may not be parked in any required parking space.
(d) 
No decks, covers, or other structures appurtenant to the recreational vehicle shall be erected or installed.
(e) 
The recreational vehicle's holding tank must be emptied at an approved facility. The holding tank shall be emptied as often as necessary to prevent development of a nuisance.
(6) 
The town may impose additional conditions on the allowed uses of recreational vehicles to minimize nuisance-causing features and ensure public health and safety. Such conditions may include, but are not limited to, landscaping and lot maintenance.
(Ord. 620 § 4(4), 2010)
The following regulations apply to detached accessory structures such as sheds and garages associated with single-family residences in all zoning districts.
(1) 
Accessory structures that are less than 120 square feet in size and whose side walls are less than six feet in height do not require an approved building permit; however, such structures must meet the minimum front yard setback requirement in the applicable zoning district.
(2) 
All accessory structures that do not meet the criteria described above for area and building wall height shall meet the minimum front and side yard setbacks in the applicable zoning district and a minimum five-foot setback in the rear yard. All such accessory structures shall also meet the requirements of the building code currently in use by the town of Twisp at the time of construction for setbacks between buildings.
(3) 
The maximum building footprint of an accessory structure shall be no greater than the building footprint of the main structure, not to exceed 800 square feet.
(4) 
The maximum height of accessory structures shall be limited to the height of the main structure, not to exceed 24 feet.
(5) 
With the exception of approved accessory dwelling units (see TMC § 18.20.060), accessory structures shall not be designed, constructed, or used as habitable structures for living, sleeping, eating, or cooking unless the structure is associated with a business that requires such facilities under which a CUP will be required.
(6) 
Each accessory structure shall be compatible with the character of the zone in which it is located and the allowed uses therein. Accessory structures in excess of 12 feet in height or 200 square feet in area shall feature exterior siding similar in appearance to and compatible with the building materials of the primary structure.
(7) 
No accessory structure shall create a nuisance or hazard, including noise, dust, or threat to air or water quality or to the well-being of the town and the area in which the accessory use or structure is located.
(8) 
Accessory dwellings shall be permitted subject to TMC § 18.20.060 and the district use chart.
(Ord. 620 § 4(5), 2010; Ord. 753 § 2 (Exh. B), 2019)
(1) 
Intent. The provision of accessory dwelling units promotes an efficient use of housing and allows more flexible living environments for all residents. The following regulations are designed to meet a need for an alternative form of housing without compromising the existing character or appearance of single-family residential neighborhoods.
(2) 
Eligibility. Accessory dwelling units appurtenant to duplexes are prohibited. ADUs may be located in a separate accessory structure or incorporated within the principal dwelling. For the purposes of this subsection, the term "incorporated" shall mean completely within an existing principal residence, provided both dwelling units are attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch. An ADU may be allowed only on conforming lots in the R-1, R-2, R-3, C-1, or C-2 zoning districts; an ADU is subject to approval and conditions by the administrator; and an ADU must follow the minimum lot sizes and conditions hereafter listed:
(a) 
R-1, 19,200 square feet. ADU may be located in a separate structure from the principal structure.
(b) 
R-2, 9,600 square feet. ADU may be incorporated or separate from principal structure.
(c) 
R-3, 7,500 square feet. ADU may be incorporated or separate from principal structure.
(d) 
C-1 or C-2, 7,500 square feet for separate structures. Incorporated ADUs in C-1 and C-2 shall be considered single or multifamily dwellings and are therefore permitted through an administrative permit as listed in the district use chart in Appendix A[1] of this title.
[1]
Editor's Note: Appendix A, District Use Chart is included as an attachment to this title.
(e) 
C-3 ADUs are prohibited.
(f) 
C-R ADUs are allowed through PD.
(g) 
I, AIR and PU ADUs are prohibited.
(3) 
Application. The following shall be required for every accessory dwelling unit:
(a) 
A minimum housing inspection report from the town building official certifying that the accessory dwelling unit complies with the minimum housing code, as defined in the edition of the building code in effect in the town at the time of application, including all provisions regarding setbacks between structures. If the ADU is incorporated within the principal dwelling on the lot, the housing inspection report must certify that the entire principal structure meets minimum housing code standards.
(b) 
An ADU shall be required to meet the town's requirement for water and sewer concurrency to address increased demand on the town's water and sewer systems stemming from increased density in residential zoning districts.
(4) 
Development Standards. The following development standards shall be met to qualify for the occupation of an accessory housing unit:
(a) 
The accessory dwelling unit must comply with all applicable provisions of the town of Twisp zoning ordinance in effect at the time the accessory dwelling unit is approved, including setback and lot coverage requirements for the zoning district in which the accessory housing unit is located.
(b) 
Only the principal structure on each lot shall be considered in determining compliance with lot size and density requirements.
(c) 
Maximum occupancy of the unit shall not exceed 1.25 persons per habitable room, as defined in the edition of the International Building Code in effect in the town at the time of application.
(d) 
The maximum livable area of an accessory dwelling unit shall be no greater than the livable area of the principal dwelling, and shall not under any circumstances exceed 800 square feet.
(e) 
The owner of the lot shall provide one off-street parking space for the exclusive use of the occupants of the accessory dwelling unit, in addition to the off-street parking required for the principal dwelling. A garage or carport may provide off-street parking where, in fact, the garage or carport is usable for parking cars. All off-street parking areas shall be surfaced to provide long-term dust control.
(f) 
Only one ADU per single-family lot shall be permitted.
(g) 
Addition of an ADU shall not result in any modifications to the principal structure or the residential lot that would compromise the single-family residential character of the principal structure or be detrimental to the character of the neighborhood.
(5) 
Accessory housing units in R-1, R-2, and R-3 zoning districts must be sited so that they will conform with all applicable regulations, including setbacks. Subsequent subdivision of lots in said zones with accessory structures must meet minimum lot sizes.
(6) 
No accessory use shall create a nuisance or hazard, including noise, dust, or threat to air or water quality or to the well-being of the town and the area in which the accessory use or structure is located.
(Ord. 620 § 4(6), 2010)
(1) 
Purpose. The purpose of this section is to prescribe the conditions and regulations under which home businesses may be conducted when appurtenant to a residential use in any zoning district.
(2) 
Eligibility. The conduct of business within a residential dwelling or accessory structure may be permitted in residential and commercial zoning districts under the provisions of this section as long as the home business is consistent with the existing character of the surrounding neighborhood as defined by the approval criteria. All uses of a business or commercial nature appurtenant to a residence shall comply with the restrictions and requirements for home businesses as set forth in this section. Using the approval criteria, it is the intent of this section to:
(a) 
Ensure that the character of residential neighborhoods is maintained and preserved;
(b) 
Ensure the compatibility of home businesses with other uses permitted in the residential and commercial districts;
(c) 
Promote the efficient use of public services and facilities while assuring that home business users do not reduce the town's public services and facilities level of service to intended residential users;
(d) 
Encourage flexibility in the workplace, creativity in careers, and a stable local economy by permitting home businesses;
(e) 
Regulate home businesses because of their potential impact to the surrounding neighborhood.
(3) 
Approval Criteria. All home businesses are subject to an impact assessment as described in TMC § 18.15.050 to be approved by the administrator. The administrator may notify surrounding neighbors for comments regarding a home business if questionable impacts are found or anticipated by the impact assessment. Public comments may be used to condition or deny application. All home businesses shall comply with the following:
(a) 
On-site operations of a home business must be conducted solely by the full-time resident(s) of the dwelling unit, with the exception of a full-time-equivalent nonresident employee.
(b) 
Home businesses may utilize a maximum of 25 percent of the total square footage (up to 500 square feet) of all principal and accessory structures on the property. Family day-care homes, as defined by this title, are exempt from meeting this requirement.
(c) 
Home businesses may not incorporate activity or equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit, nor shall any home business require the use of electrical service and/or consumption that exceeds typical standards for residential use.
(d) 
Home businesses shall not create noise, vibration, dust, fumes, odor, smoke, glare, fire hazards, or any other hazard or nuisance not normally associated with residential uses. Home businesses shall not use or store any hazardous material not allowed in residential dwellings, as specified in the current edition of the International Fire Code.
(e) 
There shall be no change in the exterior appearance of the building or structure in which the home business is conducted, nor other visible evidence of conduct of such home business, except that, once the town has adopted a sign ordinance, a sign that meets the requirements of the underlying zoning district, as specified in said ordinance, and any relevant provisions of the town's shoreline master program, shall be allowed. No window displays shall be allowed.
(f) 
The conduct of any home business shall not reduce or render unusable area provided for required off-street parking including, but not limited to, storage of vehicles or equipment. The applicant shall demonstrate that adequate parking exists for persons employed on the premises.
(g) 
The home business, by itself, shall generate no more than eight vehicular trips on any given day between the hours of 8:00 a.m. and 6:00 p.m. and no more than two vehicular trips on any given day between the hours of 6:00 p.m. and 8:00 a.m., unless otherwise authorized by federal or state "reasonable accommodation" rules.
(h) 
Family day-care homes, as defined by this title, are exempt from meeting this requirement. As used here, a "trip" is considered to include the arrival and departure of a vehicle to and from a destination. For example, one vehicle making a delivery and then leaving immediately would be considered one trip.
(i) 
A business license from the town of Twisp must be purchased for all home businesses, and shall be subject to review and approval by the administrator as set forth below. The license must be maintained with the purchase of an annual renewal. If the license is not renewed within 30 days of expiration, the home business approval shall become null and void and a new application shall be required to reestablish the use.
(j) 
There shall be no outside storage or display of any kind related to the home business, including storage of materials or supplies, construction materials, or unfinished goods.
(k) 
Point-of-purchase retail sales are not permitted unless clearly incidental to any services rendered. Sales of products produced on the premises and mail, phone, or Internet order sales shall not be so limited.
(l) 
A maximum of two home business-related vehicles are permitted on site, with no vehicle to exceed a gross vehicle weight of 10,000 pounds, unless the vehicle is wholly enclosed within a structure or building. Home business vehicle parking must conform to applicable setbacks and off-street parking requirements of this title.
(m) 
With the exception of the vehicles allowed under subsection (3)(l) of this section and one on-site nonresident employee, no parking or storage of any home business-related vehicles or vehicles of home business-related persons is permitted on site for more than two hours in any eight-hour period.
(n) 
A home business does not increase water or sewer use so that the combined total use for the dwelling and home business is significantly more than the average for residences in the neighborhood.
(o) 
A home business does not require the use of electrical or mechanical equipment that would change the fire rating of the dwelling or accessory structure in which the home business is conducted.
(p) 
In granting approval for a home business, the town may attach additional conditions to ensure the home business will not be detrimental to the character of the neighborhood, including requiring off-street parking for visitors related to the home business. Any home business authorized under the provisions of this title shall be open to inspection (within 24 hours' notice) and review at all reasonable times by an authorized town official for purposes of verifying compliance with the approval criteria and other code provisions.
(4) 
Uses Allowed. The following activities are provided as examples of allowed home businesses. Approved home businesses are not limited to the following and are to be approved by the administrator based on performance standards stated in TMC § 18.15.070, completion of an impact assessment as stated in TMC § 18.15.050 or in subsection (5) of this section.
(a) 
Home offices for off-premises businesses;
(b) 
Arts, crafts, and specialty trades;
(c) 
Business, professional, or consulting services;
(d) 
Computer and Internet-based businesses;
(e) 
Home offices for general contractor or specialty contractor (see definitions in Chapter 18.10 TMC);
(f) 
Child day-care;
(g) 
Light manufacturing and light assembly;
(h) 
Music lessons.
(5) 
Ineligible Uses. The following uses shall be ineligible for classification as a home business:
(a) 
Any use that may be potentially hazardous or noxious to the residents or the surrounding neighborhood;
(b) 
Any use that would create noise, fumes, or other impacts out of keeping with the character of the surrounding neighborhood, such as large appliance, heavy equipment or lawnmower repair, or spray painting;
(c) 
Uses that may include hazardous chemicals, dispensing of medical drugs, or other items that may potentially be hazardous to the surrounding area;
(d) 
Any use the impacts of which would render it unsuitable to the surrounding neighborhood;
(e) 
Exterior storage of materials and equipment for an occupation that is primarily conducted off site.
(6) 
Uses Not Listed. Uses not listed may be allowed, subject to determination by the administrator as specified in TMC § 18.15.060.
(Ord. 620 § 4(7), 2010)
The intent of this section is to protect the public safety and welfare by providing for safe installation of propane tanks and easy access to such tanks by emergency service personnel.
(1) 
All new propane tanks shall comply with all applicable local, state, and federal regulations.
(2) 
The building official shall determine that adequate measures have been undertaken to reduce the risk of accidents caused by hazardous materials, including approving tank size, setback from structures, setback from lot lines, and accessibility.
(3) 
Whenever possible, as deemed appropriate by the building official, propane tanks shall be located in the rear or side yard of residences. Efforts to screen tanks from neighboring properties shall be encouraged.
(4) 
The incidental generation of earthen spoils resulting from the installation of a propane tank, and the removal of said material from the development site, shall not require a separate land use permit.
(Ord. 620 § 4(9), 2010)
Special regulation of sexually oriented businesses is necessary to ensure that adverse effects associated with sexually oriented businesses will not cause or contribute to the downgrading of the surrounding neighborhood. It is the intent of this title to protect the freedom of speech granted by the First Amendment of the United States Constitution and the health, safety, and welfare of the citizens of Twisp by discouraging the undesired effects of sexually oriented businesses, such as increased crime, property devaluation and unsightliness. Therefore, the following regulations are imposed:
(1) 
Sexually oriented businesses shall be allowed on individual lots, tracts, or parcels within any C-3 zoning district providing the following standards are met:
(a) 
No sexually oriented business shall be located:
(i) 
Within 250 feet of any public or private school or other educational facility that on a regular basis has at least one student under the age of 18 years, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities;
(ii) 
Within 250 feet of any day-care facility;
(iii) 
Within 250 feet of any church, synagogue, mosque, temple or other building or facility that is used primarily for religious worship and related religious activities;
(iv) 
Within 250 feet of any park, public swimming pool, or other area that has been designated for park or recreational activities and is under the control, operation, or management of the town;
(v) 
Within 250 feet of Room One or of any other youth-oriented facility or activity;
(vi) 
In the same building, structure, or portion thereof, as another sexually oriented business.
(b) 
For the purposes of this section, "school" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
(c) 
No person owning, operating or managing a sexually oriented business or his employee or agent shall invite, allow or permit any person under the age of 18 years to enter or remain on the premises of any sexually oriented business.
(d) 
There shall be no window, marquee or other display of any matter depicting or portraying specified anatomical areas, or specified sexual activities.
(2) 
For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school, or similar use; or to the nearest boundary of an affected public park, residential district, licensed day-care center, or similar use.
(3) 
Violation of the use provisions of this section is declared to be a public nuisance per se that shall be abated by a civil action only and not by criminal prosecution.
(4) 
Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use that violates any ordinance or statute of the town of Twisp, county of Okanogan, state of Washington, or the United States.
(Ord. 620 § 4(11), 2010)
The following parking requirements shall apply to all new construction or substantial improvement of existing uses constructed or improved after the date of adoption of the ordinance codified in this title. For the purposes of this section, "substantial improvement" shall include any expansion and/or reconstruction of a building that results in any increase in gross floor area or retail/customer service area in excess of 400 square feet. Existing structures in C-1 that undergo remodeling or reconstruction that results in less than 400 additional square feet for allowed commercial uses shall not be subject to these requirements.
(1) 
Location. Off-street parking facilities shall be located as follows:
(a) 
For single-family dwellings and duplexes, required off-street parking facilities shall be located on the same lot(s) as the residence that they serve, and shall not be located within any required setback area.
(b) 
For multifamily residences and commercial uses, required off-street parking facilities shall be located no more than 600 feet, measured along public or quasi-public roads or paths connecting the use with the parking area, from the building they are required to serve, except that off-street parking facilities for hotels, motels, and other tourist accommodations shall be located no more than 300 feet from the building they are required to serve. Off-street parking facilities shall not be located in any required setback area.
(c) 
No parking lot or driveway serving a commercial or industrial use in a commercial or industrial district shall be located in a neighboring residential zoning district unless such use is allowed in the residential district.
(2) 
Joint Use. Joint use of parking facilities by more than one business or use may be authorized by the administrator for the following uses and under the following conditions:
(a) 
Up to 40 percent of the required off-street parking facilities for a theater, bowling alley, dance hall, bar or other evening use as determined by the administrator may be supplied by off-street parking facilities provided for banks, retail stores, offices, personal services establishments, or other uses determined by the administrator to be daytime uses.
(b) 
Up to 40 percent of the required off-street parking facilities for a bank, retail store, office, personal services establishment, or other daytime use as determined by the administrator may be supplied by off-street parking facilities provided for a theater, bowling alley, dance hall, bar, or other evening use as determined by the administrator.
(c) 
Joint-use off-street parking facilities shall be located not more than 600 feet from the use or building they are intended to serve, measured along a public or quasi-public road or paths connecting the use and the parking area.
(d) 
The hours of operation for uses that are engaged in joint use of off-street parking facilities shall not substantially coincide.
(e) 
Parties participating in joint use of off-street parking facilities shall file with the administrator a properly drawn legal instrument that grants to the joint users the right to use of said facilities as necessary to meet the off-street parking requirements, and which shall be subject to review by the town attorney for sufficiency hereunder.
(3) 
Minimum Off-Street Parking Standards.
(a) 
Required minimum numbers of off-street parking spaces are as set forth in Table 1 – Parking Standards[1].
[1]
Editor's Note: Table 1 - Parking Standards is included as an attachment to this title.
(b) 
The required minimum dimensions of parking spaces in parking lots are as set forth in the town of Twisp development standards.
(c) 
No required off-street parking space shall be used for storage, including snow storage. All required off-street spaces must be available at all times for their intended purpose.
(d) 
C-1 Zone. In the C-1 zoning district, off-street parking requirements, as listed in Table 1 and described in subsection (1) of this section, shall apply only to new construction.
(i) 
Expansion or reconstruction of existing structures with permitted uses shall not result in the loss of any off-street parking.
(ii) 
Expansion or reconstruction of existing structures in excess of 400 square feet will be subject to the requirements set forth by Table 1 and the town of Twisp development standards.
(iii) 
Any construction or remodel in C-1 that results in additional dwelling units (accessory, single-family residential, multifamily, or short- or long-term lodging) must provide off-street parking spaces as specified in Table 1.
(iv) 
For construction or remodel of existing structures for commercial purposes, excluding the creation of new dwelling units, the administrator, in coordination with the public works director, may determine to accept a parking mitigation plan that improves public parking availability on town properties in lieu of requiring off-street parking conditions to promote the compact scale and pedestrian circulation objectives described for the C-1 zone. All parking mitigation plans will be approved through legally binding agreements that must be reviewed and approved by the town council. Such plans can include the payment of mitigation fees to accommodate parking improvements performed by the town, or can require the applicant to create improved parking spaces on town property in compliance with the town of Twisp development standards.
(e) 
R-3 Zone. Any new construction for a use in an R-3 zone that requires an administrative permit shall follow the off-street parking requirements as listed in Table 1 and described in subsection (1) of this section.
(i) 
Expansion or reconstruction of existing structures of a use in an R-3 zone that requires an administrative permit shall not result in the loss of any off-street parking.
(ii) 
Expansion or reconstruction of existing structures of a use in an R-3 zone that requires an administrative permit, in excess of 400 square feet, will be subject to the requirements set forth by Table 1 and the town of Twisp development standards.
(iii) 
Any construction or remodel of existing structures in an R-3 zone that requires an administrative permit and results in additional dwelling units (accessory, single-family residential, multifamily, or short- or long-term lodging) must provide off-street parking spaces as specified in Table 1.
(iv) 
Any construction or remodel of existing structures in an R-3 zone that require an administrative permit, the administrator, in coordination with the public works director, may determine to accept a parking mitigation plan that improves public parking availability on town or private properties in lieu of requiring off-street parking conditions to promote the compact scale and pedestrian circulation objectives described for the R-3 zone. All parking mitigation plans will be approved through legally binding agreements when reviewed and approved by the town council. Such plans can include the payment of mitigation fees to accommodate parking improvements performed by the town, require the applicant to create approved parking spaces on the town or private property in compliance with the town of Twisp development standards, or may alter the required minimum spaces based on the unique character and use of the development.
(4) 
Mixed Uses. In the case of mixed uses or mixed occupancy, the total requirement for off-street parking spaces shall be the sum of the requirements for the various uses computed separately (except in the case of qualified joint users as set forth in subsection (2) of this section).
(5) 
Uses Not Listed. In the case of a use not specifically mentioned in Table 1, the requirements for off-street parking spaces shall be determined by the administrator by comparison to similar uses that are shown in Table 1, the specific needs of the proposed use or business, and the zoning district in which the use is to be located.
(6) 
Minimum Parking Dimensions. Access aisles and parking stalls shall conform to the requirements provided in the town of Twisp development standards.
(7) 
Ingress and Egress. All off-street parking areas (except for single-family and duplex developments) shall be constructed with no more than two points of ingress or egress onto adjoining streets or highways. Points of ingress and egress shall be no greater than 36 feet in width.
(8) 
Construction and Maintenance. Every new or enlarged portion of an existing off-street parking area for more than four cars, except parking for a single-family residence or duplex, shall be surfaced in a manner that is acceptable to the administrator to eliminate dust. All parking areas shall comply with the Eastern Washington Stormwater Guidelines, including be graded and drained so all surface water is disposed of on site, and so that no stormwater drains across sidewalks or public streets or creates a threat of pollution to the ground or surface waters.
(9) 
Approval of Site Plan. The administrator shall approve prior to construction a site plan for every new or enlarged off-street parking lot, area or facility, except parking for a single-family residence. The plan shall be drawn to a minimum scale of one inch equals 50 feet, and shall clearly show the proposed development and state its size and use, and show location, size, shape and design of parking spaces, lighting, landscaping, buffers, irrigation, and other features of the proposed parking lot. The site plan shall be filed with the building permits and plans. A single plan may be used to meet the requirements for parking plan and landscape and buffer plan (see TMC § 18.20.160(5)) approval.
(10) 
Landscaping. All parking areas for more than four vehicles shall be landscaped with Type I landscaping, as specified in TMC § 18.20.160, along the boundaries thereof including planting of trees to provide visual and noise screening from adjacent lots, roadways or uses.
(11) 
Parking areas that abut property boundaries shall be separated from such property by a buffer, as specified in TMC § 18.20.160.
(12) 
General Provisions.
(a) 
The off-street parking facilities required herein shall be established prior to any change in use of land or structures and/or prior to the occupancy of any new or enlarged structure.
(b) 
Required off-street parking spaces shall not be used for the storage of vehicles or materials, or for the commercial sale, repair or servicing of any vehicle.
(c) 
An area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere meeting the requirements of this title, or the primary use of the property has changed to a use requiring less off-street parking.
(d) 
Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two parking spaces for the purpose of this title, except that each such tandem space for a single-family dwelling unit shall count as a required parking space.
(Ord. 620 § 4(12), 2010; Ord. 818 § 1, 2024; Ord. 831 § 1, 2025)
(1) 
General. Sight obstructions (e.g., fences, signs, plantings) shall be set back from public roadways when and as necessary to present a clear view of such roadway from all roads, alleys or private driveways; provided, that such required setback distance shall not exceed 15 feet from the right-of-way line of such public roadway, or where right-of-way is undocumented, measurement shall be from the property line. Trees, outside of intersection areas, may be permitted within the setback area provided all branches and foliage are removed to a height of eight feet above the top of the curb, or where no curb exists, from the established center line grade of the street.
(2) 
Intersections. A clear vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear vision area shall contain no sight-obscuring or obstructing planting, fence, or other temporary or permanent obstruction from the edge of the rights-of-way.
(a) 
Requirements. A clear vision area shall contain no sight-obscuring or obstructing planting, fence, or other temporary or permanent obstruction from the edge of the right-of-way.
(b) 
Measurement. A clear vision area shall consist of a triangular area two sides of which are right-of-way lines and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of the clear vision area is determined by the distance from the intersection of the two street lines to the third side, measured along the street. The required size is as follows:
(i) 
In a residential district the distance determining the size of a clear vision area shall be 20 feet, measured along the street sides of the triangle.
(ii) 
In all other use districts the distance determining the size of a clear vision area shall be 15 feet, except that where the angle of intersection between two streets is less than 30 degrees the town may require a greater distance.
(Ord. 620 § 4(13), 2010; Ord. 753 § 2 (Exh. B), 2019)
A legal nonconforming use, structure, or lot is a use, structure, or lot that was lawfully established, divided or constructed prior to the effective date of the ordinance codified in this title but that does not conform to the regulations or standards set forth in this title. All legal nonconforming uses, structures, or lots shall be grandfathered into this title at the time of adoption such that those uses, structures, or lots will not be subject to new standards unless the owner expands or alters said property as described in subsections (1)(a) and (b) of this section, as follows:
(1) 
Alteration or Expansion. A nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or expanded, except as follows:
(a) 
A nonconforming structure conforming as to use, but nonconforming with respect to height, setback, or lot coverage may be altered or extended, so long as such alteration or extension does not further deviate from the standards and restrictions of this title;
(b) 
An owner of a nonconforming use or structure may apply to the town for a nonconforming use or structure variance, to allow for alteration or expansion of a nonconforming use or structure, pursuant to the procedures set forth in TMC § 18.50.090, if the following criteria are met:
(i) 
Expansion or alteration of a nonconforming use shall be limited to uses that are substantially similar to allowed uses in the area, or that do not conflict with the general purpose and intent of the zoning district in which the use is located; and
(ii) 
The expansion or alteration shall not substantially increase the nonconforming aspect of the use or structure; and
(iii) 
The inability to alter or expand the nonconforming use or structure works a hardship upon the applicant.
(2) 
Discontinuance of Nonconforming Use.
(a) 
If a nonconforming use involving a structure is discontinued from such use for a period of two years, further use of the property shall conform to the provisions of this title.
(b) 
If a nonconforming use or structure changes ownership, the nonconforming use or structure will be allowed provided the nonconforming use or structure does not further deviate from the standards and restrictions of this title.
(3) 
Destruction of Nonconforming Structure. If a nonconforming structure in any zoning district is damaged, reconstruction of any part or full (100 percent) replacement of the structure and associated accessory structures shall be exempt from the development standards of this title, provided reconstruction occurs within two years from the date of damage and does not deviate further from the nonconformity and meets current building codes. Following the two years' exemption, any preexisting nonconforming structure must be rebuilt to the standards set forth by this title and applicable building codes as adopted or hereafter amended.
(4) 
Completion of Structure. Nothing contained herein shall require any change in the plans, construction or alteration of a structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title; provided, that any such structure that will be nonconforming under this title shall be completed within two years of the date of issuance of such building permit.
(5) 
Nonconforming Lots. A preexisting nonconforming residential lot that does not meet the minimum lot size requirements for single-family residence in the zoning district in which it is located may be developed with a single-family residence providing the development conforms to all other restrictions and requirements of this title.
(6) 
Exception for Residences. Notwithstanding the general provisions of this title as to nonconforming uses, a residence (except for mobile homes outside of approved mobile home parks) which is a preexisting nonconforming use by virtue only of its being a prohibited use in the district in which it is located pursuant to the terms of this title, may be remodeled, altered or expanded without obtaining a conditional use permit, and in the event of destruction thereof may be rebuilt.
(Ord. 620 § 4(14), 2010)
Sight-obscuring perimeter fences shall not exceed six feet in residential and 10 feet in all commercial, industrial, and airport districts. All fences shall conform to the clear vision requirements specified in TMC § 18.20.130(1).
(Ord. 620 § 4(15), 2010)
This section establishes regulations that govern the use of landscaping and buffers.
(1) 
Approved landscape and buffering plans shall be implemented as soon after completion of construction as weather allows. If weather does not allow completion of landscape and buffer plantings prior to building occupancy, occupancy may be permitted contingent upon completion of the required plantings as soon as weather allows. Landscaping and buffers shall be designed to eliminate and prevent the occurrence of noxious weeds. Landscaping and buffers must be maintained to assure the viability of plantings; underground or other timed outdoor irrigation systems may be required for water conservation.
(2) 
Landscaping. These regulations are designed to minimize the impacts of incompatible uses on adjacent properties, to serve the aesthetic interests of the town and its citizens, and to reduce noise impacts, and are in addition to the requirements for buffers established in subsection (3) of this section.
(a) 
In no case shall landscaping regulations apply to single-family residences.
(b) 
In the R-3, C-2, C-3, C-R, I, and PU districts, parking area landscaping shall be required for all new parking areas greater than 700 square feet in area. At a minimum, landscaping shall visually soften the large open areas created by parking areas and reduce the heat-island effect of parking areas. Standard Type I landscaping may be used and shall be considered to meet the minimum standard for parking area landscaping required in this subsection. As an alternative, project proponents may submit buffer plans for review by the town.
(c) 
In the R-3, C-1, C-2, C-3, C-R, I, and PU districts, ornamental landscaping shall be required for all new uses or where a change in use requires a land use permit. At a minimum, ornamental landscaping shall provide visual relief and shade to building facades and visual screening of mechanical equipment, trash areas, and other service areas of the development, and shall add to the overall quality of a development by softening the effect of site buildings and structures upon the landscape. Standard Type II landscaping may be used according to Table 3[1], and shall be considered to meet the minimum standard for ornamental landscaping required in this subsection.
[1]
Editor's Note: Table 3 - Type II Landscaping Requirements, Commercial and Public Use Districts is included as an attachment to this title.
(d) 
Landscaping requirements in the critical areas overlay district will be determined based on an assessment of the impacts of the proposed use, including impacts on the environment and on aesthetic values.
(3) 
Buffers. These regulations are designed to minimize the impacts of incompatible uses on adjacent properties, and are in addition to the requirements for landscaping established in subsection (2) of this section.
(a) 
Interior lot line buffers shall be required where lots with different land use classifications abut. At a minimum, interior lot line buffers shall break up the visual impact of the development from public roads and neighboring properties, provide visual separation between incompatible uses, and buffer noise along property lines. Type III, IV, and V landscaping may be used according to Table 4[2], and shall be considered to meet the minimum standard for interior lot line buffers required in this subsection. As an alternative, project proponents may submit buffer plans for review by the town.
[2]
Editor's Note: Table 4 - Interior Lot Line Buffer Type and Width is included as an attachment to this title.
(b) 
Use of buffers shall be minimized in the C-1 zoning district to promote compact mixed-use development that makes efficient use of space and supports a pedestrian-friendly downtown core.
(c) 
Once a critical areas ordinance has been adopted, buffer requirements in the CAO district will be determined through implementation of a critical areas review process, as specified in said critical areas ordinance.
(4) 
Where a proposed use requires a land use permit, landscaping and/or buffers may be required in any zoning district. Landscaping and buffer requirements will be determined based on an assessment of the impacts of the proposed use on surrounding uses and the character of the neighborhood.
(5) 
Approval of Landscape and Buffer Plan. A site plan for every new use or change in use requiring landscaping and/or buffers shall be approved by the administrator prior to construction. The plan shall be drawn to a minimum scale of one inch equals 50 feet, and shall clearly show the proposed development and state its size and use, and show location, size, shape and design of parking areas, landscaping, buffers, and irrigation. The site plan shall be filed with the building permits and plans. A single plan may be used to meet the requirements for parking plan (see TMC § 18.20.120(9)) and landscape and buffer plan approval.
(6) 
The applicant for a new use or change of use shall have the option of installing landscaping and/or buffers of the type required, as described below, or of installing alternative landscaping and/or buffers that satisfy the purposes described for the type of landscaping and/or buffers required. Alternative landscaping and buffers shall be subject to design review to ensure conformity with the character of the neighborhood and the interests of the town.
(7) 
Maintenance of required landscaping and buffers, including elimination of noxious weeds, shall be the responsibility of the property owner.
(8) 
Use of drought-tolerant species is encouraged in all landscape and buffer plantings.
(9) 
Landscaping and Buffer Types. Landscaping and buffer types are described below.
(a) 
Type I – Parking Area Landscaping.
(i) 
Purpose. Type I landscaping is primarily intended to visually soften large open areas of parking areas, and is also intended to reduce the heat-island effect of such parking areas.
(ii) 
Standard Type I Landscaping Description. Standard Type I landscaping includes street frontage and parking bay requirements. Landscaping along street frontages and between parking bays shall comprise deciduous trees spaced a maximum of 35 feet on center in a continuous planting bed; low-lying shrubs with a maximum height of 36 inches; and live ground cover that, combined with shrubbery, provides at least 75 percent coverage of the landscaped area within two years. Up to 25 percent of the required landscape area may utilize nonliving landscape material in place of the otherwise required living ground cover. As a minimum, planting areas shall have a width of five feet and at least one tree for every 150 square feet or fraction thereof of applicable landscaped area.
Evergreen trees may be used on a limited basis and only when planted outside any sight area triangle with a maximum spacing of 30 feet on center.
When located between sidewalks and parking lots in nonresidential zoning districts, Type I landscaping shall not require a continuous planting bed. Planting beds of at least 30 square feet shall be provided with one dimension at least five feet. Five-foot-wide pedestrian walks shall be provided for access to sidewalks and businesses. Five-foot-wide pedestrian walks through landscaped areas may be provided every 35 feet. Stepping stones through planting areas may be provided to minimize damage to plantings.
(b) 
Type II – Ornamental Landscaping.
(i) 
Purpose. Type II landscaping is intended to provide visual relief and shade to building facades and visual screening of trash areas and other service areas of the development, and to add to the overall quality of a development by softening the effect of site buildings and structures upon the landscape.
(ii) 
Type II Landscaping Description. Type II landscaping shall comprise plantings adequate to screen service areas and soften the visual effect of building facades. The placement and type of plantings used will depend on site plan, building design, and adjacent uses. Plant size and planting density shall be adequate to form an effective screen and cover at least 75 percent of the landscaped area within two years, and shall be consistent with the scale of the development. Type II landscape plans shall be subject to approval by the town. The standard Type II landscaping diagram at the end of this section may be used for general guidance regarding plant spacing; however, designs must be site-specific.
(c) 
Type III – Visual Buffer.
(i) 
Purpose. Type III buffers are intended to provide visual separation of incompatible uses from streets, main arterials, and along property lines.
(ii) 
Standard Type III Buffer Description. Standard Type III buffers comprise evergreen trees or mixed evergreen and deciduous trees with no more than 80 percent deciduous trees. Maximum spacing shall be 20 feet on center for evergreen trees and 35 feet on center for deciduous trees. Shrubs and live ground covers shall provide for 100 percent coverage of landscaped area within a two-year period. An earthen berm may be used with low shrubbery in place of more level terrain with medium-sized shrubbery. Up to 25 percent of the required landscape area may utilize nonliving landscape material in place of the otherwise required living ground cover.
(d) 
Type IV – Moderate Screening.
(i) 
Purpose. Type IV buffers are intended to create a strong visual separation between incompatible uses.
(ii) 
Standard Type IV Buffer Description. A Type IV buffer shall comprise evergreen trees planted a maximum of 15 feet on center, along with medium-sized shrubs and live ground cover to form an effective visual barrier a minimum of six feet in height within five years. Up to 25 percent of the required landscape area may utilize nonliving landscape material in place of the otherwise required living ground cover. Deciduous trees, up to 25 percent of the tree requirement, are encouraged to add seasonal and textural variation. Either an earth berm or a six-foot-high sight-obscuring fence shall be used. When the earth berm alternative is chosen, medium-sized shrubs shall be spaced four and one-half feet on center. When the fence option is selected, medium-sized shrubs shall be placed six feet on center. Shrub spacing may vary depending on the species selected, and is subject to final approval by the town. Fence design is subject to final approval by the town.
(e) 
Type V – Solid Screening.
(i) 
Purpose. Type V buffers are intended to provide a solid sight barrier for total visual separation of incompatible uses, along with moderate sound attenuation.
(ii) 
Description. As a minimum, a Type V buffer shall consist of a double row of evergreen trees (with rows offset) spaced 15 feet triangulated on center, an earth berm, a minimum height of two and one-half feet, and shrubs and live ground cover to provide an effective visual barrier a minimum of six feet in height within three years. As an alternative to earth berming, a six-foot-high sight-obscuring fence may be incorporated into the landscaping. Up to 25 percent of the required landscape area may utilize nonliving landscape material in place of the otherwise required living ground cover. Fence design is subject to final approval by the town.
(Ord. 620 § 4(16), 2010)
All signs shall comply with the town's sign ordinance, once such an ordinance has been adopted, and with the signage provisions of the town's shoreline master program.
(Ord. 620 § 4(17), 2010)
This section establishes special regulations that govern the keeping of animals in residential, commercial, and industrial zoning districts in addition to those applicable animal regulations set forth in the town's nuisance ordinance, Chapter 8.05 TMC, and TMC Title 6, Animals, as it now exists or is hereinafter amended. These regulations are designed to minimize the potential impacts to residential neighborhoods as a result of keeping animals and encourage the proper care of animals.
(1) 
Residential. The keeping of animals on the premises of multifamily residential projects shall be controlled by regulations imposed by the management staff of the project; or in the case of a condominium or planned development complex, the property owners' association or other governing body. If no rules and regulations pertaining to animals are enforced in this manner, a CUP application will need to be submitted by the management or another governing body. The following regulations shall apply to all single-family residences and duplexes:
(a) 
Household Animals. Household animals of at least four months of age, not to exceed five in number in any combinations of cats and dogs, are permitted under TMC § 6.10.032. It is not the intent of this section to restrict the number of fish when kept in appropriate confinement and not used for commercial purposes. Animals that are kept outside shall be provided the proper shelter and water necessary for survival. Periodic cleanup shall be the responsibility of the owner in order to maintain general sanitation and minimize odors.
(b) 
Small Domestic Animals. Small domestic animals, not to exceed four in any combination, are permitted appurtenant to single-family residences. If kept outdoors, such animals must be kept in a properly fenced area located a minimum of five feet from any property line. In addition, a suitable, clean structure must be provided for the animals. Periodic cleanup of animal waste shall be the responsibility of the owner in order to maintain general sanitation and minimize odors. Adequate measures shall be taken to prevent animals from straying onto adjacent property.
(c) 
Large Domestic Animals. Privately owned noncommercial stables and keeping of large domestic animals for personal use are permitted as an accessory use to a single-family residence; provided, that such use must be in a properly fenced grazing area of at least 10,000 square feet for each large domestic animal, over and above the minimum residential lot area, with adequate stable facilities; and provided, that all such stables are kept at least 30 feet from any street or side lot line. This use shall be permitted only upon grant of a conditional use permit requiring, among other things, that the turf remain in a healthy, growing condition; that manure be removed as often as necessary to prevent development of a nuisance; and that grazing and stable areas be so situated as to prevent any chance of groundwater or surface water contamination, or any other threat to public health. This use may be revoked when found that continued use will endanger public health or safety as determined by the town's chief of police. Adequate measures shall be taken to prevent animals from straying onto adjacent property. In the event such measures are determined to be inadequate, this use may be revoked upon notice and hearing.
(d) 
Prohibited Animals. Residential property owners shall be prohibited from keeping the following animals, in addition to those animals listed in TMC § 6.10.070:
(i) 
Roosters;
(ii) 
Bulls;
(iii) 
Venomous reptiles, spiders, and insects, with the exception that honeybees are not prohibited;
(iv) 
Cats other than the species Felis catus (domestic cat);
(v) 
Weasels;
(vi) 
Turkeys;
(vii) 
Swans;
(viii) 
Ducks, geese, peacocks;
(ix) 
Feral animals (wolves, coyotes) and their hybrids;
(x) 
Animals of the order Crocodilia (crocodiles, alligators);
(xi) 
Bears;
(xii) 
Pigs;
(xiii) 
Nonhuman primates. Exceptions may be made when a specific animal is shown to be a qualified helping aide for a physically handicapped person.
(e) 
Hobby Kennels.
(i) 
A hobby kennel may be permitted appurtenant to a single-family residence in any zoning district.
(ii) 
An approved conditional use permit is required in order to establish a hobby kennel appurtenant to a single-family residence in any R-1, R-2, R-3, or C-2 zoning district.
(iii) 
Approval of a permit for a hobby kennel shall allow up to three adult animals per single-family residence to be kept for hunting, exhibition, field work, or obedience training, in addition to no more than four household, small domestic, or large domestic animals as described above.
(iv) 
Animals kept under hobby kennel provisions must be kept in a properly fenced area and suitably sheltered in a clean structure located at least 30 feet from any property line. Adequate measures must be taken to prevent animals from straying onto adjacent property.
(2) 
Commercial and Industrial. Household animals and guard dogs shall be allowed appurtenant to guard houses (caretaker residences) in the C-1, C-2, C-3, C-R, I, and AIR zoning districts. Small and large domestic animals shall be allowed in C-1, C-2, C-3, C-R, I, and AIR zoning districts with a CUP that must be renewed every three years with applicable fees.
(3) 
Leashing and Restraint. All animals, including those brought onto recreational/park facilities, are to be kept in accordance with the applicable requirements in TMC Title 6.
(4) 
Nonconforming Animals. Animals in existence and cared for in compliance with the town's animal regulations prior to the adoption of the ordinance codified in this title, that are no longer conforming because of a change in the zoning regulations, are allowed to remain in the town until their death; with the exception of keeping poisonous reptiles, insects, and spiders, which shall automatically be in violation of this title.
(5) 
No persons shall kill or slaughter, within the town, any animal or animals, the flesh of which is intended to be sold or offered for sale or bartered.
(Ord. 620 § 4(18), 2010)
All permitted microbreweries, breweries, distilleries and wineries shall be required to submit a plan for the treatment of waste water generated by the operation of the facility, except where such a plan is not required by the public works director. The plan shall be prepared by a licensed engineer and detail the volume, type and concentration of waste water to be treated through the town's waste water treatment plant. The plan shall be reviewed by the town public works director and consulting engineer and conditions placed on the permit regarding improvements that are needed to address the impacts on the town's system.
In addition to the requirements related to waste water disposal and treatment, all microbreweries, breweries, distilleries and wineries shall complete an impact assessment checklist and address the following items:
(1) 
Traffic management including parking, deliveries, access to public street system;
(2) 
Noise, odor and dust control;
(3) 
Trespass and litter onto adjoining properties;
(4) 
Buffers from adjacent residential uses.
(Ord. 753 § 2 (Exh. B), 2019)